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Photo Studio Terms

Last Updated: June 10, 2019

By using Square Photo Studio (“Service”), you agree to be bound by our Terms of Service (“ToS”), Privacy Notice, these additional terms and conditions (“Square Photo Studio Terms”) and all other terms, policies and guidelines applicable to the Service. Defined terms will have the same meaning as those found in the ToS, unless otherwise re-defined herein. The Service primarily produces product photography and related content which may include photographs, graphics, video, audio recordings, and artwork (collectively referred to as “Square Photo Studio Content”) created by (or on behalf of) us for you. These Square Photo Studio Terms supersede the “Professional Photos” section of the Additional POS Terms.

  1. Shipping. You are responsible for the costs of shipping any product or other items, whether it’s the primary subject, supporting prop, or anything else (the “Products”) plus any necessary insurance. Choose a shipping provider with reliable tracking information and signature confirmation. If a shipment is lost, delayed, or damaged, while in transit to our studio, we are not responsible for such loss, damage or delays and such damage, loss or delays will be subject to Section 21 (Limitation of Liability) of our ToS. If you specify return shipping when placing your order, we will return your Products to you after completion of the project. You must provide a physical address (no PO boxes) for return in the United States. The cost of return shipping and handling will be quoted prior to shipment.

  2. Limitation of Liability for Damage or Loss of Products. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SQUARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE (INCLUDING BUT NOT LIMITED TO DAMAGE OR LOSS OF YOUR PRODUCT WHILE IN OUR POSSESSION OR DURING SHIPMENT). IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICE, OR THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY, AS PERMITTED BY APPLICABLE LAW, IS TO CEASE USING THE SITE, THE SERVICE, AND THE MATERIALS. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER SQUARE, ITS AFFILIATES, NOR LICENSORS SHALL BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICE, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICE, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS SET FORTH IN THIS SECTION. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. You should purchase your own insurance covering loss or damage to the Products while in our possession and during transit to and from our studio.

  3. Prohibited Products. Do not deliver to us any Products that contains, any narcotic, illegal drug, or controlled substance, or any dangerous weapon, firearm, explosive, dangerous chemical, obscene or pornographic materials or any Product that is unlawful.

  4. Production and Creative Process. As part of our creative process, you agree we may make alterations to the Square Photo Studio Content that we feel are appropriate. This includes, but is not limited to: color adjustments, brightness adjustments, dust removal, and other alterations as necessary. The Square Photo Studio Content is our artistic interpretation of the Product we photograph for you. We do not guarantee that the Square Photo Studio Content will be flawless or a perfect, accurate representation of your Product. You are responsible for ensuring the Square Photo Studio Content is appropriate for the final intended use and that it doesn’t misrepresent the Product. We will not be responsible for any claims by you or any third party that the Square Photo Studio Content is an inaccurate representation of the Product.

  5. Copyright Ownership. The copyright in Square Photo Studio Content vests in and/or remains the intellectual property of Square, Inc.. No transfer of copyright or ownership rights in any of the Square Photo Studio Content is granted to you.

  6. License and Permitted Use of Square Photo Studio Content. We grant you an irrevocable, perpetual, worldwide, copyright license to the Square Photo Studio Content that we created for you (the “Copyright License”). To be clear, you may modify, retouch, combine, crop, annotate, or otherwise edit and create derivative works from the Square Photo Studio Content, and use such Square Photo Studio Content for your own purposes. However, we retain the right to use the Square Photo Studio Content for our own business and marketing purposes.

  7. Intellectual Property Visible on Products. In some cases, the Products you direct us to photograph, or props used in conjunction with that Product, may contain third-party trademarks, logos, copyright interests, and/or other intellectual property that are contained within the Square Photo Studio Content. The Copyright License granted by us to you does not include the right to use such third-party intellectual property, and it is your sole responsibility to obtain necessary permission (if any) from third parties to use the Square Photo Studio Content.